Edie Parker was granted an early victory in her lawsuit against copycat brand, the Box Bag, last week. New York-based brand, Edie Parker, which is responsible for the vintage-inspired clutches that you have likely seen in any number of Fashion Week street style photos, filed suit against Box Bag and its agent Beth Smolen, this past November. In its lawsuit, Edie Parker (by way of founder Brett Heyman, pictured above) alleged that in lieu of “creating and marketing her own designs, [Smolen] sells handbags that parasitically copy Edie Parker’s protected handbag trade dress and copyrighted designs.”
Moreover, Edie Parker stated in its complaint that Smolen “also misused the EDIE PARKER trademark on her website and social media, all in a wrongful attempt to exploit the hard work and creative effort of Edie Parker and create consumer confusion and attract attention to [Smolen’s] website and marketing efforts.”
Well, as of this past week, Judge J. Paul Oetken of the U.S. District Court for the Southern District of New York court issued a final judgment in Edie Parker’s favor. According to Oetken’s judgment, Smolen and Box Bag are “permanently enjoined” (read: prevented) from using the Edie Parker name, including, without limitation, “the hashtag ‘#EDIEPARKER;’ from copying or selling, offering for sale or distributing copies of any of Edie Parker’s copyrighted designs; and from manufacturing, importing, distributing, shipping, advertising, marketing, promoting, selling, or offering for sale any product bearing any of the Edie Parker box clutch trade dress designs, or any trade dress similar thereto.”
As for monetary damages, Smolen has been ordered to pay “the total amount of One Hundred Thousand Dollars ($100,000.00) in settlement of [Edie Parker’s] demand for damages, profits, costs, disbursements and attorneys’ fees based upon [Box Bag’s] sales activities and all other claims made by [Edie Parker] in this action.” Judge Oetken was also sure to dismiss all of Smolen’s counterclaims against Edie Parker and Heyman, including those for “libel, tortious interference with contract, and tortious interference with prospective economic advantage” were dismissed by the court with prejudice, meaning that Smolen cannot bring suit based on these claims at a later date.
And that’s a win for Edie Parker!